MOFCOM: Workshop on Merger Remedies - day 1

Tuesday, 29 November 2011
Conference Center of National’s People’s Congress
No.2 Xihuang Chenggen North Road, Xicheng District, Beijing 100034

Moderator: Dr Stanley Wong, StanleyWongGlobal – SW Law Corporation; Special Advisor on competition policy, EU-China Trade Project II

Mr Thomas Deisenhofer, Head of Unit (E-4) with responsibility for mergers in basic industries, manufacturing and agriculture, DG Competition, European Commission, Brussels

Mr Enrique González-Díaz, Cleary Gottlieb Steen & Hamilton LLP, Brussels

Ms Alessandra Tonazzi, Special Advisor for International Affairs, Autorità Garante della Concorrenza e del Mercato (Italian Competition Authority), and its representative as Co-Chair, Merger Working Group, International Competition Network, Rome

Objective: to assist MOFCOM in developing its rules on remedies
  1. What are the objectives of merger remedies?
  2. What types of remedies and their purpose?
  3. When should remedies be proposed by the parties or considered by MOFCOM?
  4. What are relevant considerations in selecting remedies?
  5. If there are possible conflicts between jurisdictions on remedies, how to resolve them?
  6. How to implement merger remedies?  When to use implementation trustees?
  7. How to monitor conduct remedies?  When to use monitoring trustees?
  8. Can remedies be modified during their implementation?
  Morning Session: REMEDIES I
09:00-09:10: Opening speech by Mr Wu Zhenguo, Deputy Director General of Anti-Monopoly Bureau of Ministry of Commerce
09:10-09:20: Overview of Merger Remedies: its objectives and its effectiveness Dr Stanley Wong

Types of Remedies: structural, behavioural and hybrid by Thomas Deisenhofer, DG Competition

  • characteristics of structural remedies
  • characteristics of behavioural remedies
  • characteristics of hybrid remedies

Timing and Factors for Considering Remedies: Phase 1 (preliminary review), Phase II (in depth review), completion of Phase II review by Ms Alessandra Tonazzi, Italian Competition Authority

  • who should propose?
  • when?
  • relevant factors such as effectiveness and proportionality
  • should remedies be ‘market-tested’?
10:20-10:40: Tea Break

Resolution of Conflict of Remedies between Jurisdictions by Mr Enrique González-Díaz, Cleary Gottlieb

  • in what circumstances should one jurisdiction defer to another jurisdiction where there is a conflict of remedies?
11:10-11:30: Q & A Session
11:30-13:30: Lunch
  Afternoon Session: REMEDIES II
13:30-13:40: Overview of Issues with Implementation of Remedies by Dr Stanley Wong

Implementation of Remedies by Ms Alessandra Tonazzi, Italian Competition Authority

  • how to implement?
  • when should implementation trustees be used?
  • timing
  • impact of implementation issues on choice of remedies

Monitoring of On-going Obligations of a Remedy (conduct remedies)  and Modification of Remedies by Mr Thomas Deisenhofer, DG Competition

  • issues arising from monitoring a remedy with on-going obligations including use of monitoring trustees
  • issues arising from modification of remedies
14:40-15:00: Tea Break

Speaker: Mr Enrique González-Díaz, Cleary Gottlieb
Commentators: Mr Thomas Deisenhofer, DG Competition
                          Ms Alessandra Tonazzi, Italian Competition Authority

15:30-16:00: Q & A Session
  *consecutive English-Chinese interpretation is provided*